Tribal Self-Governance Program; Negotiation Cooperative Agreement; New Funding Cycle for Fiscal Year 2006, 74325-74329 [E5-7393]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Indian Health Service

[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Notices]
[Pages 74325-74329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7393]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

[Funding Opportunity Number: HHS-2006-IHS-TSGP-0002; CFDA Number: 
93.210]


Tribal Self-Governance Program; Negotiation Cooperative 
Agreement; New Funding Cycle for Fiscal Year 2006

    Key Dates: Applications Due--January 20, 2006; Objective Review 
Committee to Evaluate Applications--March 8-9, 2006; Anticipated 
Project Start Date--April 1, 2006.

I. Funding Opportunity Description

    The purpose of the program is to award cooperative agreements that 
provide negotiation resources to Tribes interested in participating in 
the Tribal Self-Governance Program (TSGP) as authorized by Title V, 
Tribal Self-Governance Amendments of 2000 of the Indian Self-
Determination and Education Assistance Act of Public Law (Pub. L.) 93-
638, as amended. The TSGP is designed to promote self-determination by 
allowing Tribes to assume more control of Indian Health Service (IHS) 
programs and services through compacts negotiated with the IHS. The 
Negotiation Cooperative Agreement provides Tribes with funds to help 
cover the expenses involved in preparing for and negotiating with the 
IHS and assists eligible Indian Tribes to prepare for Compacts and 
Funding Agreements (FAs) with an effective date of October 1, 2006, or 
January 1, 2007.
    The Negotiation Cooperative Agreement provides resources to assist 
Indian Tribes to conduct negotiation activities that include but are 
not limited to:
     Analysis of the complex IHS budget to determine what 
programs, services, functions, and activities (PSFAs) will be 
negotiated.
     Development of the terms and conditions that will be set 
forth in a Compact and Funding Agreement (FA).
     Consultant costs such as Attorney or Financial Advisors.
     Communication Costs.
     Identification of Tribal shares that will be included in 
the FA.
    The award of a Negotiation Cooperative Agreement is not required as 
a prerequisite to enter the TSGP. Indian Tribes that have completed 
comparable health planning activities in previous years using tribal 
resources but have not received a Tribal self-governance planning award 
are also eligible to apply. Applicants must provide a statement that 
the planning phase has been conducted to the satisfaction of the Indian 
Tribe and must include: (a) Legal and budgetary research; and (b) 
internal Tribal government planning and organizational preparation 
relating to the administration of health programs.

II. Award Information

    Type of Award: Cooperative Agreement.
    Estimated Funds Available: The total amount identified for Fiscal 
Year (FY) 2006 is $240,000 for approximately twelve (12) Tribes to 
enter the TSGP negotiation process for compacts beginning in Fiscal 
Year (FY) 2007 or Calendar Year (CY) 2007. Awards under this 
announcement are subject to the availability of funds.
    Anticipated Number of Awards: The estimated number of awards to be 
funded is approximately 12.
    Project Period: 12 months.
    Award Amount: $20,000 per year.
    Programmatic Involvement: IHS TSGP funds will be awarded as 
cooperative agreements and will have substantial programmatic 
involvement to establish a process through which Tribes can effectively 
approach the IHS to identify programs and associated funding which 
could be incorporated into programs.
    The IHS roles and responsibilities will include:
     Identification of IHS staff that will consult with 
applicants on methods used by the IHS to manage and deliver health 
care.
     Provide applicants with a list of laws and regulations 
that provide authority for the various IHS programs.

[[Page 74326]]

    The Grantee roles and responsibilities will include:
     Research and analysis of the complex IHS budget, at the 
Service Unit, Area, and Headquarters levels.
     Establishment of a basic understanding of IHS PSFAs 
operations at the Service Unit, Area, and Headquarters levels.

III. Eligibility Information

1. Eligible Applicants

    To be eligible for a negotiation cooperative agreement under this 
announcement, an applicant must meet all of the following criteria:
    A. Be a Federally-recognized Tribe as defined in Title V, Public 
Law 106-260, Tribal Self-Governance Amendments of 2000, of the Indian 
Self-Determination and Education Assistance Act (the Act), Public Law 
93-638, as amended. However, Alaska Native Villages or Alaska Native 
Village Corporations, who are located within the area served by an 
Alaska Native regional health entity already participating in compact 
status, are not eligible (Pub. L. 106-260, Title V, section 12(a)(2)). 
Those Tribes not represented by a self-governance Tribal consortium 
compact that have previously received negotiation funds may still be 
considered to participate in the TSGP, subject to the provisions in 
this announcement, however, with the following exception cited in 
section 351, Public Law 105-277, the FY 1999 Omnibus Appropriations 
Bill: ``Notwithstanding any other provision of law, prior to September 
1, 2001, the IHS may not disburse funds for the provision of health 
care services pursuant to Public Law 93-638 (25 U.S.C. 450, et seq.) 
with any Alaska Native Village or Alaska Native Village Corporation 
that is located within the area served by an Alaska Native regional 
health entity.''

2. Cost Sharing or Matching Funds

    The Self-Governance Negotiation Cooperative Agreement Announcement 
does not require matching funds or cost sharing to participate in the 
competitive grant process.

3. Other Requirements

    The following documentation is required (if applicable):
    A. This program is described at 93.210 in the Catalog of Federal 
Domestic Assistance. There is limited competition under this 
announcement because the authorizing legislation restricts eligibility 
to Tribes that meet specific criteria. (Refer to section III, 
``Eligible Applicants'' in this announcement.)
    B. Request participation in self-governance by resolution by the 
governing body of the Indian Tribe. An Indian Tribe that is proposing a 
cooperative agreement affecting another Indian Tribe must include 
resolutions from all affected Tribes to be served.
    C. Demonstrate, for three FY's, financial stability and financial 
management capability, which is defined as no uncorrected significant 
and material audit exceptions in the required annual audit of the 
Indian Tribe's self-determination contracts or self-governance funding 
agreements with any Federal agency.
    D. Grantees are required to submit a current version of the 
organization's audit report. Audit reports can be lengthy; therefore, 
the applicants may submit them separately via regular mail by the due 
date (January 20, 2006). If the grantee determines that the audit 
reports are not lengthy, the applicants may scan the documents and 
attach them to the electronic application. Applicants must submit two 
copies of the audits that reflect three previous fiscal years under 
separate cover directly to the Division of Grants Operations, 801 
Thompson Avenue, TMP 360, Rockville, MD 20852, referencing the Funding 
Opportunity Number, HHS-2006-IHS-TSGP-0002, as prescribed by Public Law 
98-502, the Single Audit Act, as amended (see OMB Circular A-133, 
revised June 24, 1997, Audits of States, Local Governments, and Non-
Profit Organizations). If this documentation is not submitted by the 
due date, the application will be considered as unresponsive and will 
not be considered. Applicants must include the grant tracking number 
assigned to their electronic submission by Grants.gov and the date 
submitted via Grants.gov in their cover letter transmitting the 
required audits for the previous three fiscal years.
    E. Tribal Resolution--A resolution of the Indian Tribe served by 
the project must accompany the application submission. For Tribal 
Consortia applying for a Negotiation Cooperative Agreement, individual 
Tribal Council Resolutions from all individual Tribes whose PSFAs will 
be compacted must be submitted.
    Draft resolutions are acceptable in lieu of an official resolution 
during the review process. However, an official signed Tribal 
resolution must be received by the Division of Grants Operations (DGO) 
by the end of the Objective Review (March 9, 2006). If an official 
signed resolution is not submitted by March 9, 2006, the application 
will be considered incomplete and will be returned as unresponsive.
    *It is highly recommended that the Tribal resolution be sent by 
Federal Express for proof of receipt.

IV. Application and Submission Information

1. Application Package May Be Found on Grants.gov

    Information regarding the electronic application process may be 
obtained from either of the following persons:

Ms. Mary E. Trujillo, Office of Tribal Self-Governance Operations, 
Indian Health Service, 801 Thompson Avenue, Suite 240, Rockville, 
Maryland 20852. (301) 443-7821.
Ms. Patricia Spotted Horse, Indian Health Service, Division of Grants, 
801 Thompson Avenue, TMP 360, Rockville, Maryland 20852. (301) 443-
5204.

Web address to obtain application kit: https://www.ihs.gov/
NonMedicalPrograms/gogp/gogp_submission.asp.

2. Content and Form of Application Submission

    A. All applications should:
     Be single spaced.
     Be typewritten.
     Have consecutively numbered pages.
     Use black type not smaller than 12 characters per one 
inch.
     Be printed on one side only of standard size 8\1/2\[sec] x 
11[sec] paper.
     Contain a narrative that does not exceed 7 typed pages 
that includes the sections listed below. (The 7 page narrative does not 
include the work plan, standard forms, Tribal resolution(s), table of 
contents, budget, budget justifications, narratives, and/or other 
appendix items.) Public Policy Requirements: All Federal-wide public 
policies apply to IHS grants with exception of Lobbying and 
Discrimination.

3. Submission Dates and Times

    Applications must be submitted on-line by January 20, 2006. Late 
applications not accepted for processing will be returned to the 
applicant and will not be considered for funding.

4. Intergovernmental Review

    This funding opportunity is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.'' State approval is not 
required.

[[Page 74327]]

5. Funding Restrictions

    A. Only one negotiation cooperative agreement will be awarded per 
applicant.
    B. Each negotiation cooperative agreement shall not exceed $20,000. 
The available funds are inclusive of direct and indirect costs.
    C. Negotiation awards shall not exceed a maximum period of one 
year.
    D. Pre-award costs are not allowable.

6. Other Submission Requirements

    The application must comply with the following:
    A. Abstract (one page)--Summarizes the project.
    B. Application for Federal Assistance (SF-424, Rev. 09/03).
    C. Narrative (no more than 7 pages) with time frame chart (one 
page); pages numbered consecutively, including appendices, and Table of 
Contents, and should include the following:
    (1) Background information on the Tribe.
    (2) Objectives and activities that provide a description of what 
will be accomplished.
    (3) A line-item budget and narrative justification.
    (4) Appendix to include:
    a. Resumes or position descriptions of key staff.
    b. Contractors/Consultants resumes or qualifications.
    c. Proposed Scope of Work.
    d. Provide a statement that the planning phase has been conducted 
to the satisfaction of the Indian Tribe and must include: (a) Legal and 
budgetary research; and (b) internal Tribal government planning and 
organizational preparation relating to the administration of health 
programs.
    Electronic Transmission--The preferred method for receipt of 
applications is electronic submission through Grants.gov. However, 
should any technical problems arise regarding the submission, please 
contact our Grants Policy Staff at (301) 443-6528 at least ten days 
prior to the application deadline. To submit an application 
electronically, please use the https://www.Grants.gov apply site. 
Download a copy of the application package, on the Grants.gov Web site, 
complete it offline and then upload and submit the application via the 
Grants.gov site. You may not e-mail an electronic copy of a grant 
application to us.
    Please note the following:
     Under the new IHS requirements, paper applications are not 
the preferred method. However, if you have technical problems 
submitting your application on-line, and you have contacted the Grants 
Policy Staff and advised them of the difficulties you are having 
submitting your application on-line, you may submit a paper application 
after you have downloaded the application package from Grants.gov, and 
send it directly to the Division of Grants Operations, 801 Thompson 
Avenue, TMP 360, Rockville, MD 20852 by the due date, January 20, 2006.
     When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation. We strongly recommend that you 
do not wait until the deadline date to begin the application process 
through Grants.gov.
     To use Grants.gov, you, as the applicant, must have a DUNS 
Number and register in the Central Contractor Registry (CCR). You 
should allow a minimum of 10-15 days to complete CCR registration. See 
below on how to apply.
     You must submit all documents electronically, including 
all information typically included on the SF-424 and all necessary 
assurances and certifications.
     Your application must comply with any page limitation 
requirements described in the program announcement.
     After you electronically submit your application, you will 
receive an automatic acknowledgment from Grants.gov that contains a 
Grants.gov tracking number. The Indian Health Service will retrieve 
your application from Grants.gov.
     You may access the electronic application for this program 
on https://www.Grants.gov.
     You must search for the downloadable application package 
by CFDA number.
     To receive an application package, the applicant must 
provide the Funding Opportunity Number: HHS-2006-IHS-TSGP-0002.
    E-mail applications will not be accepted under this announcement.

DUNS Number

    Beginning October 1, 2003, applicants were required to have a Dun 
and Bradstreet (DUNS) number to apply for a grant or cooperative 
agreement from the Federal Government. The DUNS number is a nine-digit 
identification number, which uniquely identifies business entities. 
Obtaining a DUNS number is easy and there is no charge. To obtain a 
DUNS number, access https://www.dunandbradstreet.com or call 1-866-705-
5711. Interested parties may wish to obtain their DUNS number by phone 
to expedite the process.
    Applications submitted electronically must also be registered with 
the Central Contractor Registry (CCR). A DUNS number is required before 
CCR registration can be completed. Many organizations may already have 
a DUNS number. Please use the number listed above to investigate 
whether or not your organization has a DUNS number. Registration with 
the CCR is free of charge.
    Applicants may register by calling 1-888-227-2423. Please review 
and complete the CCR ``Registration Worksheet'' located in the appendix 
of the TSGP Negotiation Cooperative Agreement application kit or on 
https://www.grants.gov/CCRRegister.
    More detailed information regarding these registration processes 
can be found at https://www.grants.gov.

V. Application Review Information

    The instructions for preparing the application narrative also 
constitute the evaluation criteria for reviewing and scoring the 
application. Weights assigned to each section are noted in parentheses.

1. Criteria

Demonstration Of Previous Planning Activities (30 points)

    Thoroughness and appropriateness of planning activity to proposed 
scope of compact is demonstrated, i.e., has the Indian Tribe determined 
the PSFAs to be assumed? Has the Indian Tribe determined it has the 
administrative infrastructure to support the assumption of the PSFAs? 
Are the results of what was learned or is being learned during the 
planning process clearly stated?

Thoroughness of Approach (25 points)

    Is a specific narrative provided of the direction the Indian Tribe 
plans to take in the TSGP? How will the Tribe demonstrate improved 
health and services? Is the Indian Tribe ready to negotiate a compact 
to begin October 1, 2006 or January 1, 2007? Are proposed time lines 
for negotiations indicated?

Project Outcome (25 points)

    What beneficial contributions are expected or anticipated to the 
TSGP projected? Is information provided on the services that will be 
assumed? How will any improvements be made to managing the health 
program under the TSGP to better serve its Tribal members? Are Tribal 
needs discussed in relation to programmatic alternatives and outcomes?

Administrative Capabilities (20 points)

    Does the Indian Tribe clearly demonstrate knowledge and experience

[[Page 74328]]

in the operation and management of other health programs? Is the 
internal management and administrative infrastructure of the applicant 
described and its relationship to the successful implementation of 
self-governance operation of health programs explained?

Appendix Items

     Work plan for proposed objectives.
     Position descriptions for key staff.
     Resumes of key staff that reflect current duties.
     Consultant proposed scope of work (if applicable).
     Indirect Cost Agreement.
     Organizational chart (optional).
     Audits

2. Review and Selection Process

    In addition to the above criteria/requirements, applications are 
considered according to the following:
    A. Application Submission (Application Deadline: January 20, 2006). 
Applications submitted in advance of or by the deadline and verified by 
the tracking number will undergo a preliminary review to determine 
that:
     The applicant and proposed project type is eligible in 
accordance with this grant announcement.
     The application is not a duplication of a previously 
funded project.
     The application narrative, forms, and materials submitted 
meet the requirements of the announcement allowing the review panel to 
undertake an in-depth evaluation; otherwise, it may be returned.
    B. Competitive Review of Eligible Applications (Objective Review: 
March 8-9, 2006). Applications meeting eligibility requirements that 
are complete, responsive, and conform to this program announcement will 
be reviewed for merit by the Objective Review Committee (ORC) appointed 
by the IHS to review and make recommendations on these applications. 
The review will be conducted in accordance with the IHS Objective 
Review Guidelines. The technical review process ensures selection of 
quality projects in a national competition for limited funding. 
Applications will be evaluated and rated on the basis of the evaluation 
criteria listed in Section V.1. The criteria are used to evaluate the 
quality of a proposed project, determine the likelihood of success, and 
assign a numerical score to each application. The scoring of approved 
applications will assist the IHS in determining which proposals will be 
funded if the amount of TSGP funding is not sufficient to support all 
approved applications. Applications recommended for approval, having a 
score of 60 or above by the ORC and scored high enough to be considered 
for funding, are forwarded by the Division of Grants Operations (DGO) 
for cost analysis and further recommendation. The program official 
forwards the approval list to the IHS Director for final review and 
approval. Applications scoring below 60 points will be disapproved and 
returned to the applicant.
    Note: In making final selections, the IHS Director will consider 
the ranking factor and the status of the applicant's single audit 
reports. The comments from the ORC will be advisory only. The IHS 
Director will make the final decision on awards.

VI. Award Administration Information

1. Award Notices

    The Division of Grants Operations (DGO) will not award a grant 
without an approved application in conformance with regulatory and 
policy requirements which describes the purpose and scope of the 
project to be funded. When the application is approved for funding, the 
DGO will prepare a Notice of Award (NoA) with special terms and 
conditions binding upon the award and refer to all general terms 
applicable to the award. The NoA will serve as the official 
notification of a grant award and will state the amount of Federal 
funds awarded, the purpose of the grant, the terms and conditions of 
the grant award, the effective date of the award, the project period, 
and the budget period. Any other correspondence announcing to the 
Project Director that an application was selected is not an 
authorization to begin performance.

2. Administrative and National Policy Requirements

    Grants are administered in accordance with the following documents:
     This grant announcement.
     Health and Human Services regulations governing Public Law 
93-638 grants at 42 CFR 36.101 et seq.
     45 CFR part 92, ``Department of Health and Human Services, 
Uniform Administrative Requirements for Grants and Cooperative 
Agreements to State and Local Governments Including Indian Tribes.''
     Public Health Service Grants Policy Statement.
     Grants Policy Directives.
     Appropriate Cost Principles: OMB Circular A-87, ``State 
and Local Governments.''
     OMB Circular A-133, ``Audits of States, Local Governments, 
and Non-Profit Organizations.''
     Other Applicable OMB Circulars.

3. Reporting

    A. Progress Report. Program progress reports are required semi-
annually. These reports will include a brief comparison of actual 
accomplishments to the goals established for the period, reasons for 
slippage (if applicable), and other pertinent information as required. 
A final report must be submitted within 90 days of expiration of the 
budget/project period.
    B. Financial Status Report. Semi-annual financial status reports 
must be submitted within 30 days of the end of the half year. Final 
financial status reports are due within 90 days of expiration of the 
budget/project period. Standard Form 269 (long form) will be used for 
financial reporting. Grantees are responsible and accountable for 
accurate reporting of the Progress Reports and Financial Status Reports 
which are generally due semi-annually. Financial Status Reports (SF-
269) are due 90 days after each budget period and the final SF-269 must 
be verified from the grantee records on how the value was derived. 
Grantees are allowed a reasonable period of time in which to submit 
financial and performance reports.
    Failure to submit required reports within the time allowed may 
result in suspension or termination of an active grant, withholding of 
additional awards for the project, or other enforcement actions such as 
withholding of payments or converting to the reimbursement method of 
payment. Continued failure to submit required reports may result in one 
or both of the following: (1) The imposition of special award 
provisions; and (2) the non-funding or non-award of other eligible 
projects or activities. This applies whether the delinquency is 
attributable to the failure of the grantee organization or the 
individual responsible for preparation of the reports.

VII. Agency Contact(s)

    1. Questions on the programmatic and technical issues may be 
directed to: Mary E. Trujillo, Program Specialist. Telephone No.: 301-
443-7821. Fax No.: 301-443-1050. E-mail: metrujil@hqe.ihs.gov.
    2. Questions on grants management and fiscal matters may be 
directed to: Patricia Spotted Horse, Grants Management Specialist. 
Telephone No.: 301-443-5204. Fax No.: 301-443-9602. E-mail: 
pspotted@hqe.ihs.gov.

VIII. Other Information

    The Public Health Service (PHS) strongly encourages all grant and 
contract recipients to provide a smoke-

[[Page 74329]]

free workplace and promote the non-use of all tobacco products. In 
addition, Public Law 103-227, the Pro-Children Act of 1994, prohibits 
smoking in certain facilities (or in some cases, any portion of the 
facility) in which regular or routine education, library, day care, 
health care or early childhood development services are provided to 
children. This is consistent with the PHS mission to protect and 
advance the physical and mental health of the American people.

    Dated: December 7, 2005.
Robert G. McSwain,
Deputy Director, Indian Health Service.
[FR Doc. E5-7393 Filed 12-14-05; 8:45 am]
BILLING CODE 4165-16-P